Repairing and re-using from an exclusive rights perspective : towards sustainable lifespan as part of a new normal?

This chapter examines repair activities and use of recycled materials from European patent and trade mark law perspectives by focusing on two examples demonstrating a strong property right impact on recycling efforts. The first is the consideration of normal lifespan in the repair or reconstruction dichotomy in the patent context, and the second a possibility to utilize trade marks in so-called upcycling activities. The chapter assesses the structures and interpretations of exclusive rights as impediments for the circular economy in achieving its full potential in terms of repairing products or re-using materials. The possibility for adopting a principle on "sustainable lifespan" into the IPR framework is discussed. Arguably, the scope of infringing acts should be re-defined in a way that only acts beyond the genuine purpose of maximising the lifespan of a product or material would be infringing acts. Additionally, “normal lifespan of the product” idea as part of repair and reconstruction dichotomy could be reassessed by applying a threshold of a ‘normal, sustainable lifespan for that particular category of product’, or an ‘environmentally-friendly lifespan’.Peer reviewe

Linking and copyright : a problem solvable by functional-technical concepts?

Peer reviewe

Proposed right of press publishers : a workable solution?

Published also in Gewerblicher Rechtsschutz und Urheberrecht, Internationaler Teil 3/2018.Peer reviewe

Kohti kestävämpää immateriaalioikeutta?

Peer reviewe

Introduction to artificial intelligence, media and regulation

Non peer reviewe

Paving the way for the Environment : Channelling ‘Strong’ Sustainability into the European IP System

Peer reviewe

Owning Data via Intellectual Property Rights: : Reality or Chiemera?

Peer reviewe

Protecting and Accessing Indigenous Peoples’ Digital Cultural Heritage through Sustainable Governance and IPR Structures - the case of Sámi Culture

This article addresses the clash between Western and Indigenous understandings of how cultural heritage should be governed, protected and treated through law, especially in the digital environment. Specifically, the focus is on the ways in which the Western intellectual property rights (IPR) system often stands in contrast with Indigenous practices and ethics. This problem is approached through a single, intrinsic and descriptive case study related to the digital cultural heritage of the Sámi people: the Digital Access to Sámi Heritage Archives project. The article shows how the current IPR framework governing Indigenous cultural heritage is often misaligned with Indigenous worldviews. However, the study reveals that there is room to develop more sustainable, just and inclusive practices by complementing the existing legal rules with soft-law mechanisms, such as norms and customs, co-created with Indigenous communities

Ympäristöystävällisten keksintöjen nopeutettu patentointi pk-yritysten näkökulmasta

Accelerated patenting of environmentally friendly inventions from the perspective of SMEsThis article examines the potential of accelerated patent examination, the so-called fast track system, to incentivise the development and diffusion of environmentally friendly technologies. The fast track system is one of the few universally adopted IPR-related measures to incentivise the innovation of environmentally friendly technologies, and several national intellectual property offices around the world have introduced different applications of the system.The article analyses various national applications of the system and the system’s merits and weaknesses particularly relative to small and medium-sized enterprises (SMEs) as they have a notable potential for sustainable innovations. Based on the analysis, the article assesses possibilities to develop the system into greater efficiency when it comes to innovation and deployment of environmentally friendly technology.The article finds that the fast track system per se is an appropriate tool to accelerate the development and diffusion of environmentally friendly technologies. However, the attractiveness and thus the societal benefits of the system could be increased by improving the present systems. This could mean, for example, unifying national requirements set for different fast track systems, lighter procedural requirements or substantive requirements aimed expressly at environmentally friendly technologies. Additionally, binding elements could be included in exchange for strong additional incentives. Particularly for SMEs, it might be beneficial to lower patenting costs and include counselling and guidance in the system. Nevertheless, the fast track system is only one means among others to integrate sustainability approaches in the intellectual property system